In clause 32(3), after “or makes minor technical changes” (line 18 on page 37), insert “that have no potential to increase an adverse effect on the environment or an adverse effect on persons with an existing interest”.

In clause 125(3), replace “$10,000, and, if the offence is a continuing one, to a further fine not exceeding $1,000” (lines 13 to 15 on page 90), with “$100,000, and, if the offence is a continuing one, to a further fine not exceeding $10,000”.

Explanatory note

This Supplementary Order Paper amends the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill, which fails to protect the environment adequately.

Clause 27 is amended to allow the Minister to subsequently develop regulations relating to the decision-making methodology. As currently drafted the Bill provides very little guidance on how applications are to be decided. It merely requires the Environmental Protection Authority (EPA) to “take into account” and “have regard to”, but does not set down how the various factors should be weighted. The absence of a decision-making methodology adds to the uncertainty around the Bill. This amendment would allow the Minister to clarify this point.

Clause 32 is amended to ensure greater transparency in developing and amending regulations.

Clause 33(A) is amended to remove the new term “favour caution” and replace it with the more widely understood term “precautionary approach”. While it has been stated that the Bill is consistent with the precautionary approach without explicit reference, to avoid doubt and unnecessary confusion, the term should be adopted.

Clause 47 is amended to ensure the process for submitters is easier. It removes the obligation to provide a copy of the submission as soon as is reasonably practicable after serving it on the EPA. The obligation to provide the applicant with copies of the submissions is placed in the EPA.

Clause 49 is amended to ensure the EPA is responsible for providing a copy of all submissions to the applicant.

Clause 60(A) is amended to ensure that it is consistent with clause 33(A).

Clause 62A is amended to provide greater safeguards against the commencement of activities that may produce harmful effects.

Clause 125 is amended to significantly increase the penalties. As currently drafted the penalties do not provide a sufficient disincentive. Significantly increasing the penalties ensures the deterrent is commensurate with the high-risk and high-value nature of the activities.